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Senate Bill 322
By: Senators Walker III of the 20th, Gooch of the 51st, Anavitarte of the 31st, Albers of the
56th and Summers of the 13th
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the
1
Sheriffs' Retirement Fund of Georgia, so as to provide for an increase in dues; to provide for2
an increase in the sum to be paid for purchasing prior service credit; to increase payments to3
the fund from fees collected in civil actions; to increase the benefit payable upon the death4
of certain members of the fund; to provide for related matters; to provide conditions for an5
effective date and automatic repeal; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs'9
Retirement Fund of Georgia, is amended by revising Code Section 47-16-40, relating to10
application for membership in the fund, contents of application, and claim for credit for prior11
service, as follows:12
"47-16-40.13
In order to become a member of the Sheriffs' Retirement Fund of Georgia, an applicant14
must meet the following requirements:15
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(1) He or she must be a duly qualified and commissioned sheriff of a county of the State16
of Georgia, serving as sheriff of the superior court of that county at the time he or she17
files his or her application;18
(2) He or she must file his or her application for membership with the secretary-treasurer19
within one year from the date he or she begins service as a sheriff or within the time20
limits set forth in Code Section 47-16-41;21
(3) He or she must set out in the application for membership his or her correct date of22
birth;23
(4) He or she must list in his or her application for membership all periods of prior24
service, including credit under Code Section 47-16-80 for services in the armed forces25
of the United States or as a peace officer, for which service he or she intends to ask credit26
as basis for his or her future retirement, or shall forever be barred from claiming credit27
for services not so listed;28
(5) The member must tender with the application, within 12 months from the date of that29
application, or at such other time as the board may provide, a sum equal to the total of30
$37.50 $65.00 per month for credit claimed by the member under paragraph (4) of this31
Code section for past service from and including January 1, 1961, to the date of32
application; or if such amount is not paid by the due date, the member shall be33
conclusively deemed to have waived his or her claim or right for credit for such period34
of time; or35
(6) He or she must also furnish to the board such other information and proof of pertinent36
facts set out in the application for membership or relative to it as may be required by the37
board; and failure to do so shall constitute grounds for denial of the application for38
membership by the board."39
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SECTION 2.
40
Said chapter is further amended by revising Code Section 47-16-43, relating to requirements41
for continued active membership in the fund, as follows:42
"47-16-43.43
In order to retain active membership in the fund, each member must:44
(1) Continue serving as a sheriff;45
(2) Pay to the secretary-treasurer membership dues of $45.00
$65.00 per month. Such46
payment shall be due on or before the tenth day of the following month until the member47
has made such payments for a total of 30 years; and48
(3) Comply with all other mandatory provisions of this chapter and all rules and49
regulations promulgated by the board."50
SECTION 3.51
Said chapter is further amended by revising subsections (a) and (b) of Code Section52
47-16-61, relating to payments to fund from fees collected in civil actions, duty to record and53
remit sums collected, and penalties on delinquent amounts, as follows:54
"(a) In addition to all other legal costs, the sum of $1.00 $5.00 shall be charged and55
collected in each civil action, case, or proceeding, including, without limiting the generality56
of the foregoing, all adoptions, charters, petitions for review, applications by personal57
representative for leave to sell or invest, trade name registrations, applications for change58
of name, and all other proceedings of a civil nature filed in the superior courts. The clerks59
of the superior courts shall collect such fees, and the fees so collected shall be remitted to60
the board quarterly or at such other time as the board may provide. It shall be the duty of61
the clerks of the superior courts to keep accurate records of the amounts due the board62
under this subsection, and such records may be audited by the board at any time. The sums63
remitted to the board under this subsection shall be used only for the purposes provided for64
in this chapter.65
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(b) In addition to all other legal costs, the sum of $1.00 $5.00 shall be charged and66
collected in each civil action, case, or proceeding, including, without limiting the generality67
of the foregoing, all adoptions, charters, petitions for review, applications by personal68
representative for leave to sell or invest, trade name registrations, applications for change69
of name, and all other proceedings of a civil nature filed in the state courts and magistrate70
courts of this state in which the sheriff of the superior court also fulfills the function as71
sheriff of such inferior court. The clerks of such state courts and magistrate courts shall72
collect such fees, and the fees so collected shall be remitted to the board quarterly or at73
such other time as the board may provide. It shall be the duty of the clerks of such state74
courts and magistrate courts to keep accurate records of the amounts due the board under75
this subsection, and such records may be audited by the board at any time. The sums76
remitted to the board under this subsection shall be used only for the purposes provided for77
in this chapter."78
SECTION 4.79
Said chapter is further amended by revising Code Section 47-16-102, relating to death80
benefits, beneficiaries, and procedure for designation of beneficiary to receive such benefits,81
as follows:82
"47-16-102.83
In addition to the retirement benefits provided in this chapter, death benefits shall be paid84
to members in accordance with the following:85
(1) If any member of this fund dies before retirement, whether such member is active or86
inactive, an amount equal to the total amount which has been paid by such member into87
the fund as dues shall be paid, without interest, to such member's surviving spouse, if any,88
to such member's named beneficiary, if any, or to such member's estate, in that order. If89
any member dies after retirement without having received an amount equal in benefits90
to the total amount which he or she has paid into the fund as dues, the difference, without91
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interest, shall be paid to his or her surviving spouse, if any, to his or her named92
beneficiary, if any, or to such member's estate, in that order;93
(2) In addition to the death benefits provided in paragraph (1) of this Code section, upon94
the death of any inactive member who would otherwise qualify to be carried upon the95
active membership rolls but for the fact that the member no longer holds the office of96
sheriff, any member who is receiving retirement benefits, or any member who is97
otherwise qualified to receive retirement benefits from this fund except that the member98
has not reached the age of 55 years or has not filed an application or has not been99
approved for retirement benefits, the sum of $15,000.00 $25,000.00 shall be paid as100
additional death benefits to the surviving spouse of such member, if any, to the member's101
named beneficiary, if any, or to the member's estate, in that order. Upon the death of any102
active member, the sum of $15,000.00 $25,000.00 shall be paid as additional death103
benefits to the surviving spouse of such member, if any, to the member's named104
beneficiary, if any, or to the member's estate, in that order;105
(3) At the time any member submits his or her application for membership in this fund,106
at the time any member submits his or her application for retirement benefits, and from107
time to time any member of this fund, whether carried on the active or inactive rolls of108
this fund, and any person who is receiving retirement benefits from this fund shall be109
afforded the opportunity to name a designated beneficiary to receive the death benefits110
provided for in this Code section; provided, however, that such named beneficiary shall111
be entitled to receive such death benefits only in the event such member or person does112
not leave surviving a spouse at the time of his or her death. The procedure by which a113
member or person receiving retirement benefits names a beneficiary to receive the death114
benefits provided for in this Code section shall be determined and established by the115
board, which shall have authority to establish forms and procedures for payment of the116
death benefits; and117
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(4) Upon the death of an active member before or after the retirement of such member,
118
the surviving spouse of such member shall receive death benefits in the form of an119
annuity for the life of such spouse, such annuity to be determined and paid under120
paragraph (2) of subsection (a), subsection (b), and subsection (c) of Code Section121
47-16-101 to the same extent as if such member had died while receiving retirement122
benefits under Option Two; and in the case of the death of an active member who is not123
already receiving retirement benefits, such annuity shall be determined and based upon124
the period of creditable service which such member has at the time of his or her
death. 125
Such benefit shall be in addition to benefits under paragraph (2) of this Code section, and126
in lieu of benefits under paragraph (1) of this Code section."127
SECTION 5.128
This Act shall become effective on July 1, 2024, only if it is determined to have been129
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia130
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not131
become effective and shall be automatically repealed in its entirety on July 1, 2024, as132
required by subsection (a) of Code Section 47-20-50.133
SECTION 6.134
All laws and parts of laws in conflict with this Act are repealed.135
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